Veterans Disability Law

Veterans disability law covers a wide range of issues. We work to assist you in obtaining the benefits to which you are entitled.

The VA claim process was developed to be user-friendly by Congress. We make sure your application is well-prepared and follow your case through the process.

USERRA obliges employers to make reasonable accommodations available to employees with disabilities that are incurred or aggravated in military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions or pay, as well other conditions, terms and privileges of employment.

Appeals

Many veterans are denied disability benefits or are given a low rating that isn't adequate. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures to be adhered to, and the law is constantly changing. An experienced lawyer can guide you through the process, help you identify what evidence should be included in your appeal, and develop a convincing argument for your case.

The VA appeals procedure begins with a Notice to Disagreement. It is important to state clearly in your NOD of the reasons you do not agree with the decision. You do not have to list every reason why you disagree with, but only those that are relevant.

You are able to file your NOD within one year of the date you appealed the unfavorable decision. If you need more time to prepare your NOD, an extension can be granted.

Once the NOD is filed and the NOD is filed, you will be assigned a time for your hearing. It is crucial that your attorney attend this hearing together with you. The judge will examine the evidence and make a final determination. A competent lawyer will ensure that all of the necessary evidence is presented during your hearing. Included in this are medical records, service documents, health records for private use and C&P examinations.

Disability Benefits

veterans disability attorney who suffer from a mental or physical condition which is disabling and was triggered or worsened due to their military service, may be qualified for disability benefits. Veterans may receive monthly monetary payments according to the severity of their disability.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We help veterans file claims, get the necessary medical records as well as other documents, fill out necessary forms and monitor the progress of the VA on their behalf.

We also can assist with appeals to any VA decisions, including denials of benefits, disagreements on an evaluation percentage or disputes about the date of effective of a rating. Our firm will make sure that the first Statement of the Case is properly prepared and any additional SOCs that contain all the relevant details are filed if a case is taken to an appeals court.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program offers education, training and job-related skills to veterans to prepare them for civilian employment or be able to adjust to a different profession when their disabilities prevent them from finding work that is meaningful. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who have suffered from disabilities caused by or aggravated due to military service. The ADA also requires that employers offer reasonable accommodations for veterans with disabilities to perform their duties. This could include changes in the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in employment. This is a nationwide job-placement and business-training program that helps veterans disability Lawyers with disabilities find jobs and businesses.

Veterans with disabilities who are leaving from the military can choose one of five routes to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same employer, rapid access to employment, self-employment and the possibility of employment through long-term service.

Employers may ask applicants if they require any accommodations during the selection process. For instance if they require longer time to complete the test or if it's okay to speak instead of write their answers. The ADA does not allow employers to ask about a disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans may be interested in having training sessions for all of their staff to increase awareness and understanding of issues faced by veterans. In addition, they can contact the Job Accommodation Network, a free consultation service that offers individual workplace accommodations as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities related to their service experience difficult to find work. To help them, the Department of Labor funds EARN an online resource that provides information and assistance with job search. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability when it comes to hiring, promotions and benefits, as well as other terms and conditions of employment. It also limits the medical information that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as conditions that severely limit one or more of the major activities of daily living, like hearing and seeing, walking, breathing. Sitting, standing at a desk, working, studying and learning, etc. The ADA excludes certain conditions that are common to veterans, like post-traumatic disorder or tinnitus. (PTSD).

Employers must offer accommodations to disabled veterans who require them to complete their job. This is not the case if the accommodation causes undue hardship to the contractor. This includes modifying the equipment, supplying training and transferring responsibilities to other positions or places as well as purchasing adaptive hardware or software. For instance in the event that an employee is blind or visually impaired employers must purchase adaptive software and equipment for computers as well as electronic visual aids, Braille and talking calculators devices. Employers should provide furniture with raised or lower surfaces or purchase keyboards and mice that are specifically designed for people with limited physical strength.